HomeMy WebLinkAbout109-R-22 Authorizing the Settlement and Release of all Claims in Daniel Capesius Jr., et al. v. City of Evanston10/11/2022
109-R-22
A RESOLUTION
Authorizing the Settlement and Release of all Claims in
Daniel Capesius Jr., et al. v. City of Evanston
WHEREAS, Case No. 2022-CV-1754 in the Northern District of Illinois,
Eastern Division, concerns a lawsuit against the City of Evanston; and
WHEREAS, the parties seek to settle and release all claims pursuant to
the terms of a Release and Settlement Agreement (“Settlement Agreement”) negotiated
by attorneys of record in this litigation;
WHEREAS, the City will pay each plaintiff according to an agreed
payment schedule and Plaintiffs’ counsel of record a settlement amount totaling one
million, five hundred thirty-four thousand six hundred thirteen dollars and one cent
($1,534,613.01.00) (“Settlement Payment”); and
WHEREAS, pursuant to the terms of the Settlement Agreement Plaintiff’s
counsel will obtain an order from the court dismissing with prejudice all claims brought
against Defendant in Case No. 2022-CV-1754; and
WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5
ILCS 120/2(e), the City must approve final action on settlement of this litigation in open
session; and
WHEREAS, issuance of the City’s Settlement Payment is not an
admission of liability.
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
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109-R-22
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SECTION 1:That the foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2:The City is hereby authorized to approve settlement with
Plaintiffs’ counsel of record and issue the City’s Settlement Payment pursuant to the
terms of the Settlement Agreement.
SECTION 3:Resolution 109-R-22 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
_______________________________
Daniel Biss, Mayor
Attest:
______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2022
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
October 10
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